Public Prosecutor v Namel [1971] VUNHJC 4; Criminal (A) 07 of 1971 (4 June 1971)

JOINT COURT OF THE NEW HEBRIDES.

JUDGMENT No. (A) 7/71
of the 4th. June, 1971.

CONDOMINIUM

v.

ANDREW NAMEL of SEASIDE, VILA.

JUDGMENT.

The accused Andrew NAMEL is charged that on the 13th. day of September, 1970 he caused damage to the body of Olive AVISA through negligence resulting in her death.

Briefly, the facts established were as follows:

The accused was driving his motor car along Cornwall Road, a road which is 13 feet wide, at 40 kilometres per hour. Approaching the Seaside Store he saw the deceased squatting on the grass verge on the left hand side urinating. He braked and as he did the child stood up and on a call from its mother proceeded to run accross the road. The car struck the child when it had passed about 2 feet into the road. There were marks on the road made by the wheels of the car when the accused braked and the evidence would suggest that the impact took place about 40 feet from their commencement.

This is a criminal case in which the onus is on the prosecution to establish beyond doubt the guilt of the accused. This it has failed to do accordingly the case is dismissed./.

French Judge
British Judge
Registrar

JOINT COURT OF THE NEW HEBRIDES.
CRIMINAL JURISDICTION

JUDGMENT No. (A) 7/71
of the 4th. June, 1971.

CONDOMINIUM

v.

ANDREW NAMEL of SEASIDE, VILA.

STATEMENT OF COSTS

Costs due to Mr. O. HONEGGER, Bailiff residing at VILA

SUMMONS TO ACCUSED:

Original	Frs	56.-
Copy		10.-
Transport		50.-	................	Frs.	116. -

SUMMONS TO WITNESSES:

Original	Frs	37.-
Copy		20.-
Transport		50.-	................	Frs.	107. -
			Total	Frs.	223.-

TOTAL OF THIS STATEMENT:

Two hundred twenty three N.H. francs.

VILA the 4th June, 1971.

E. BUTERI, Registrar.

SEEN:
French Judge
British Judge